Taxed
In the
31 questions and
answers about the IRS [Courtesy of The
31 Questions and
Answers about the Internal Revenue Service, Revision 3.2 certified by Paul
Andrew Mitchell, B.A., M.S. Citizen of California, Federal Witness, Private
Attorney General, Author and Webmaster of the Supreme Law Library Common Law Copyright
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Shortened listing. Search for original document on internet.
Regarding IRS & IRC
Internal Revenue Code
After much research, and court findings, it seems the Internal Revenue Service ['IRS'] in NOT an organization
within the
The U.S. Department of the Treasury was organized by statutes
now codified in Title 31 of the United States Code, abbreviated '31 U.S.C.' The
only mention of the IRS anywhere in 31 U.S.C. §§ 301-310 is an authorization
for the President to appoint an Assistant General Counsel in the U.S.
Department of the Treasury to be the Chief Counsel for the IRS. The U.S.
Supreme Court admitted that no organic Act for the IRS could be found, after
they searched for such an Act all the way back to the Civil War, which ended in
the year 1865 A.D. The Guarantee Clause in the U.S. Constitution guarantees the
Rule of Law to all Americans
See Article IV, Section 4. Since there was no organic Act
creating it, IRS is not a lawful
organization.
If not an
organization within the
The IRS appears to
be a collection agency working for foreign banks and operating out of Puerto
Rico under color of the Federal Alcohol Administration
By what legal
authority, if any, has the IRS established offices inside the 50 States of the
Can IRS legally
show 'Department of the Treasury' on their outgoing mail, inferring that it is
an agency of the Department of Treasury of the
Is the IRS a
The federal
regulations create an income tax liability for what specific classes of people?
The regulations at 26 CFR 1.1-1 attempted to create a specific
liability for all 'citizens of the
How many classes of
citizens are there in the born & living in the continental
I understand there are two classes of citizens: State Citizens and federal citizens. The first class originates in the Qualifications
Clauses in the U.S. Constitution, where the term 'Citizen of the
The second class
originates in the 1866 Civil Rights Act,
where the term 'citizen of the
The California Supreme Court ruled that there was no such thing as a 'citizen of the
Can one be a State
Citizen, without also being a federal citizen?
The 1866 Civil Rights Act was municipal law, confined to the
District of
Several courts have already recognized our Right to be State
Citizens without also becoming federal citizens.
But, State Citizens are
under no legal obligation to join or pledge any allegiance to that
legislative democracy; their allegiance is to one or more of the several States
of the
Who was Frank
Brushaber, and why was his
Frank Brushaber was the Plaintiff in the case of Brushaber v.
Union Pacific Railroad Company, 240 U.S. 1 [1916,] the first U.S. Supreme Court
case to consider the so-called 16th amendment. Brushaber identified himself as
a Citizen of New York State and a
resident of the Borough of Brooklyn, in the city of
'Tax evasion' is
the crime of evading a lawful tax.
In the context of federal income taxes, this crime can only be committed by
persons who have a legal liability to pay, i.e. the withholding agent. If one
is not employed by the federal
government, one is not subject to the Public Salary Tax Act unless one
chooses to be treated 'as if' one is a federal government 'employee.' This is
typically done by executing a valid Form W-4.
However, Form W-4 is not
mandatory for workers who are not
'employed' by the federal government. Corporations chartered by the 50
States of the
Moreover, the
If Congress were
authorized to create national corporations, such a questionable authority would
invade States' rights reserved to them by the Tenth Amendment, namely, the
right to charter their own domestic corporations. The repeal of
Prohibition left the Tenth Amendment unqualified.
For purposes of the IRC, the term 'employer' refers only to federal
government agencies, and an 'employee'
is a person who works for such an
'employer.'
Why does IRS Form 1040
not require a Notary Public to notarize a taxpayer's signature?
At 28 U.S.C. section 1746, Congress authorized written
verifications to be executed under penalty of perjury without the need for a
Notary Public, i.e. to witness one's signature.
This statute identifies two
different formats for such written verifications: [1] those executed
outside the '
What is extremely revealing in this statute is the format for
verifications executed 'outside the
Verifications made under penalty of perjury are outside the 50
States of the Union ['the State zone'] if and when they are executed inside the
'
Does the term '
The term '
Is the term
'income' defined in the IRC and, if not, where is it defined?
The Eighth Circuit Court of Appeals has already ruled that the
term 'income' is not defined anywhere in the IRC: 'The general term 'income' is not defined in the Internal Revenue Code.'
What is municipal
law, and are the IRC's income tax provisions municipal law, or not?
The IRC's income tax provisions are municipal law. Municipal law
is law that is enacted to govern the internal affairs of a sovereign State; in
legal circles… In fact, American legal encyclopedias define 'municipal' to mean
'internal,' and for this reason alone, the Internal Revenue Code is really a
Municipal Revenue Code.
A mountain of additional evidence has now been assembled and
published in the book 'The Federal Zone'
to prove that the IRC's income tax
provisions are municipal law.
One of the most famous pieces of evidence is a letter from a Connecticut Congresswoman, summarizing
the advice of legal experts employed by the Congressional Research Service and
the Legislative Counsel. Their advice confirmed that the meaning of 'State' at IRC section 3121 [e] is restricted to the named territories and
possessions of D.C., Guam, Virgin Islands,
In other words, the term 'State'
in that statute, and in all similar federal statutes, includes ONLY the places expressly named, and no
more.
What does it mean
if my State is not mentioned in any of the federal income tax statutes?
The general rule is that federal
government powers must be expressed and enumerated. For example, the U.S.
Constitution is a grant of enumerated powers. If a power is not enumerated in the
If
Strictly speaking, the omission or exclusion of anyone or any
thing from a federal statute can be used to infer that the omission or
exclusion was intentional by Congress. In Latin, this is tersely stated as
follows: Inclusio unius est exclusio alterius. In English, this phrase is
literally translated: Inclusion of one thing is the exclusion of all other
things [that are not mentioned.] This phrase can be found in any edition of
Black's Law Dictionary; it is a maxim of statutory construction.
The many different definitions of the term 'State' that are
found in federal laws are intentionally written to appear as if they include
the 50 States PLUS the other places mentioned. As the legal experts in Congress
have now confirmed, this is NOT the correct way to interpret, or to construct,
these statutes.
If a place is not mentioned, every American may correctly infer
that the omission of that place from a federal statute was an intentional act
of Congress. Whenever it wants to do so, Congress knows how to define the term
'
Do federal income
tax revenues pay for any government services and, if so, which government
services are funded by federal income taxes?
The IRS
is technically a trust with a domicile in
They are technically not an 'agency' of the federal government,
as that term is defined in the Freedom of Information Act and in the
Administrative Procedures Act. The governments of the federal territories are
expressly excluded from the definition of 'agency' in those Acts of Congress..
The final report of the Grace
Commission, convened under President
Ronald Reagan, quietly admitted that none of the funds they collect from
federal income taxes goes to pay for any
federal government services. The Grace Commission found that those funds
were being used to pay for interest on the federal debt, and income transfer
payments to beneficiaries of entitlement programs like federal pension plans.
30. How can the
Freedom of Information Act ['FOIA'] help me to answer other key tax questions?
The availability of correct information about federal government
operations is fundamental to maintaining the freedom of the American People.
The Freedom of Information Act ['FOIA',] at 5 U.S.C. 552 et seq., was intended
to make government documents available with a minimal amount of effort by the
People.
As long as a document is not protected by one of the reasonable
exemptions itemized in the FOIA, a requester need only submit a brief letter to
the agency having custody of the requested document[s.] If the requested document
is not produced within 10 working days [excluding weekends and federal
holidays,] the requester need only prepare a single appeal letter.
If the requested document is not produced within another 20
working days after the date of the appeal letter, the requester is
automatically allowed to petition a District Court of the
Application of the FOIA to request certified copies of statutes
and regulations which should exist, but do not exist. A typical request anyone
can make, to which the U.S. Treasury has now fallen totally silent, is for a
certified copy of all statutes which create a specific liability for taxes
imposed by subtitle A of the IRC. For example, see the FOIA request that this writer
prepared for author Lynne Meredith.
A FOIA request should not be directed to the IRS, because they
are not an 'agency' as that term is defined at 5 U.S.C. 551[1][C.] Address it
instead to the
Disclosure Officer, Disclosure Services, Room 1054-MT,